Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 337A(i),337-F(iii),337-F(v),411

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 394, 337-A(i), 337-F(iii), 337-F(v) & 411---Voluntarily causing hurt in committing robbery, shajjah-i-khafifah, mutalahimah, hashimah, dishonestly receiving stolen property---Bail, grant of---Further inquiry---Scope---Allegation against accused was that when complainant along with others was present in his agency and counting the cash, three unknown accused committed robbery, snatched cash and on resistance fired upon one of them---Burden of committing the crime in question was pointed towards three unknown assailants, who were already apprehended in the case and were transported to jail on judicial remand---Role of accused as found during identification parade was that he remained on watch and did not enter the premises---Recovery of Rs.20,000/- and a pistol from the accused hardly connected him with the crime as recovery of currency was of general pattern as it was not clear whether these were the same currency notes which were taken away by the accused during the occurrence---Evidentiary value of the recovery could only be adjudged by the Trial Court after recording of evidence of the parties at trial---Case of accused was one of further inquiry as contemplated by S. 497(2), Cr.P.C.---Investigation to the extent of accused was complete and he was not required for further investigation---Petition for grant of bail was allowed, in circumstances. Irslan Zohaib v. The State 2016 SCMR 1217 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Principle---Scope---Where the offence does not fall within the prohibitory clause of S.497, Cr.P.C., grant of bail in such like cases is a rule and refusal is an exception. Tariq Bashir v. The State PLD 1995 SC 34 ref. (c) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Deeper appreciation of evidence---Scope---Deeper appreciation or evaluation of evidence at bail stage is neither desirable nor permissible. ORDER RAJA SHAHID MEHMOOD ABBASI, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. the petitioner Abid, seeks post-arrest bail in case FIR No. 194 dated 17.05.2018 under section 394/337-A(i) /…

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